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Calcutta High CourtCRM/355/2021allowed

Korban Sk. And ORS. v. State Of West Bengal

2021-01-27Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh1 pages

CRM No.355 of 2021 27.01.21 (S.R.) Sl.215 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Burwan Police Station Case No.372 of 2020 dated 30.12.2020 under Sections 341/325/326/34 of the Indian Penal Code;

And In re: Korban Sk. & Ors.

... petitioner.

Mr. Manas Kr. Das ... for the petitioners.

Ms. Zareen N. Khan Mr. M.F.A Begg ...for the State.

The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. There is no incriminating material against the petitioners and in view thereof, custodial detention of the petitioners is not necessary.

The learned advocate appearing for the State opposes the petitioners' payer for anticipatory bail.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegation and the injury reports, we are of the opinion that custodial detention of the petitioners is not warranted.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Korban Sk., Piar Sk. Mafijul Sk. and Majera Bibi @ Kali, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on a further condition that the petitioner nos.1, 2 and 3 shall meet the investigating officer once in a week on and from 4th February, 2021, until further orders..

The application for anticipatory bail being CRM No.355 of 2021, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)